If I abandon the Central Bark Doggy Day Care franchise, is that a curable default?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary |
|---|---|---|
| 10 mile radius of any CENTRAL BARK facility (same restrictions apply after transfer) | ||
| s. Modification of the agreement | FA - XXV. MUFA – 10.12 | No modifications except in writing, but We may change Operating Manual No modifications except in writing |
| t. Integration/merger clause | FA - XXV. MUFA – 10.12 | Only the terms of the Franchise Agreement are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the Franchise Agreement or any related agreement is intended to disclaim our representations made in the Disclosure Document. Only the terms of the MUFA are binding (subject to state law). Any other promises might not be enforceable. However, nothing in the MUFA or any related agreement is intended to disclaim our representations made in the Disclosure Document. |
| u. Dispute resolution by arbitration or mediation | FA - XXX. and MUFA – 10.16 | We and you must arbitrate all disputes at a location within 50 miles of our or, as applicable, its successor’s or assign’s then- current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| v. Choice of forum | FA - XXVIII. and MUFA -10.8 | Subject to arbitration requirement, litigation generally must be in courts nearest our or, as applicable, its successor’s or assign’s then-current principal place of business (currently Oakland Park, Florida) (subject to state law) |
| w. Choice of law | FA - XXVII. and MUFA – 10.7 | Except for U.S. Federal Arbitration Act and other federal laws in the U.S., laws of the State of Florida (subject to state law) |
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary |
| MUFA – N/A | We may not terminate the MUFA without cause. | |
| f. Termination by franchisor with cause | FA - XV. | We may terminate only if you or your owners commit one of several violations. We may not terminate the Franchise Agreement based on the termination of the MUFA. |
| MUFA – Article 9 | We may terminate only if you or your owners commit one of several violations. We may terminate the MUFA based on the termination of a Franchise Agreement. | |
| g. "Cause" defined – curable | FA – XV. | Under Franchise Agreement, you have 30 days to cure |
| defaults | operational defaults and other defaults not listed in (h) below | |
| MUFA – | Under MUFA, you have 30 days to cure operational defaults and | |
| 9.1 | other defaults not listed in (h) below | |
| h. "Cause" defined – non curable defaults | FA - XV. | Non-curable defaults under Franchise Agreement include: bankruptcy; assignment for the benefit of creditors, abandonment; failure to complete training; engaging in conduct likely to adversely affect reputation or impair goodwill of Marks; conviction of a felony; arrested or under the influence of drugs or alcohol while supervising the premises of the Franchised Business; unapproved transfer of control of Franchised Business; material misrepresentations or omissions; failure to select site and sign lease for Franchised Business within 120 days; failure to open for business within 300 days; failure to maintain possession of Franchised Business; unauthorized transfer of Franchised Business; unauthorized use or disclosure of the Operating Manual; understating Gross Sales; monetary defaults; repeated violations (even if cured); failure to comply with other agreements with us or our affiliates and do not correct such failure within the applicable cure period, if any; and failure to pay any third-party, including the lessor of the Location, any amounts owed in connection with the CENTRAL BARK facility when due. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 38–42)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, abandonment of the franchise is considered a non-curable default. This means that if a franchisee abandons the business, Central Bark Doggy Day Care has grounds to terminate the Franchise Agreement immediately without providing an opportunity to correct the situation.
This policy has significant implications for franchisees. Unlike some operational or financial defaults that can be rectified within a specified period, abandonment triggers immediate termination. Abandonment is listed alongside serious breaches such as bankruptcy, criminal convictions, and unauthorized transfers, highlighting the severity with which Central Bark Doggy Day Care views this action.
Prospective franchisees should understand that any extended absence or cessation of business operations without the franchisor's consent could be construed as abandonment, leading to the loss of the franchise. Franchisees need to maintain open communication with Central Bark Doggy Day Care and adhere to the terms of the Franchise Agreement to avoid such a situation.